1. 1 general rules
In order to promote the standardization of patent application, examination and publication in China; In order to cooperate with and serve the automation system construction of China National Intellectual Property Administration Patent Office, examiners can better serve the applicants. Ensure the standardization of computer-readable documents submitted by patent applicants and patentees (units) under the electronic application mode, ensure the unification of the names of patent application units, and facilitate the confirmation of the uniqueness of the identity of the applicant units; It is also conducive to the convenient input of patent application documents into the computer database, which is convenient for the public to retrieve and realize the exchange and sharing of patent information; This standard is specially formulated.
1.2 Basic principles for formulating code standards for patent applicants and patentees
1.2. 1 advanced principle. The standards formulated should conform to the development direction of international advanced technology and meet the development needs of related businesses in China National Intellectual Property Administration.
1.2.2 Simple and practical principles. The standard should be simple and practical, in line with the specific situation of China National Intellectual Property Administration, with low implementation cost and easy implementation.
1.2.3 principles of openness and maintainability. The established standards should be open, easy to maintain, easy to modify and expand.
1.2.4 fully draw lessons from the existing standard principles. In principle, existing international standards, national standards and ministerial standards should be followed and adopted. Can not be used directly, according to the specific circumstances to modify.
1.3 code standard principles for patent applicants and patentees:
1.3. 1 the principle of uniqueness and fixity of the code. Both the patent applicant code and the patentee code are unique and fixed. A code only corresponds to one applicant or one patentee, and each code is not used by others with the disappearance of its owner's legal significance. Thus making the code easy to use and manage.
The coding method of 1.3.2 code is a practical principle. According to clause 1.2.2 of this standard, the coding method of the code should not only be beneficial to the internal compilation, implementation, management and maintenance of the management department, but also be convenient for external personnel and institutions to understand and use, and strive to be simple and practical.
1.3.3 principle of continuous improvement. This standard should be constantly improved according to actual needs, which is beneficial to users.
1.3.4 standardization principle of patent terms. China National Intellectual Property Administration, China has annotated and published the relevant terms of the code standards for patent applicants and patentees. China National Intellectual Property Administration, China has the final right to interpret the patent terms.
1.3.5 code uses the principle of continuity. When the patent right is not transferred or inherited, the patentee code directly follows the patent applicant code. When the patent right is transferred, the unit or individual whose patent right is reconfirmed according to law will only be given the code by the code manager if it does not have its own patent applicant code. 2. Scope of application
This standard applies to:
The applicant and the patentee applying for a patent in China are entities.
Patent approval process manager.
Other users of this standard. 3. Terms and definitions
The following terms and definitions are adopted in this standard, and the normative opinions are given by China National Intellectual Property Administration, China.
Patent applicant: a person who submits an application for a patent for invention, utility model or design to the Patent Office in China National Intellectual Property Administration, China, and requests to be granted a patent right, including a unit or an individual.
Patent holder: a unit or individual who filed an application for invention-creation and was granted a patent right by the Patent Office of China National Intellectual Property Administration, China. A unit or individual who is legally confirmed to have a patent right due to transfer, gift or inheritance is also a patentee.
Unit: an organization that is established according to legal procedures, has certain organizational structure and independent (or independent) property, has civil rights and capacity for civil conduct, and can independently enjoy civil rights and undertake civil obligations in its own name according to law. A unit shall meet the following conditions: (1) It shall be established according to law; (2) Having necessary property or funds; (3) Having its own name, organization and place; (4) Being able to bear civil liability independently.
Code: use a number, a group of letters or a combination of numbers and letters to represent an object with a fixed meaning.
Code of country, region and intergovernmental organization: The code of country, region and intergovernmental organization specified in Annex A of WIPO standard ST.3 (Annex A, section 1) shall be adopted. (See Appendix 1 for details)
Uniqueness: one code can only represent one patent applicant and patentee, and one patent applicant and patentee can only be represented by one code.
Fixity: a code indicates the patent applicant and patentee, and once the code of a patent applicant and patentee is determined, it will not change.
Large serial number: a group of consecutive numbers starting from a specific number, where the latter number is one greater than the previous one.
Check bit: a number, a letter or a combination of numbers and letters calculated from a number, a group of letters or a combination of numbers and letters (referred to as source data for short). When source data and parity bits are transmitted or written together, it is possible to check whether there are errors during transmission or writing.
Patent approval process manager: a person who processes, manages and maintains the application documents and related materials in the process of patent application acceptance, approval and process management.
Code Manager: The manager appointed by China National Intellectual Property Administration, China to be responsible for a certain type of patent code.